Bronte Capital, an Australian-licensed and USA-registered fund manager, posted on its blog a response from the Securities and Exchange Commission to a Freedom of Information Act (FOIA) requesting any documents pertaining to “investigative market manipulation in Herbalife stock by or on behalf of Pershing Square.”
The SEC refused to respond to the request and stated that it the agency can withhold records if it is “compiled for law enforcement purposes.” However, the letter does go on to note that by withholding documents, Pershing Square, or any related parties, is not necessarily being investigated for any violations.
The SEC’s statement made it clear: “The assertion of this exemption should not be construed as an indication by the Commission or its staff that any violations of law have occurred with respect to any person, entity, or security.”
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